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Name of Declaration
1 Name of Declaration
This Declaration is the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013.
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This declaration imposes a mandatory connection rule requiring OptiComm Co Pty Ltd to connect homes and businesses in the specified development areas to its fibre-to-the-premises network on request; OptiComm may subcontract the work but remains responsible for delivering the connection.
It affects OptiComm, residents and retailers: residents can demand a connection and choose any internet service provider, preventing OptiComm from refusing connections or blocking competing providers.
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Direct links to the current provisions in Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013.
This Declaration is the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013.
In this Declaration:
Act means the Telecommunications Act 1997.
development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).
Licensee means OptiComm Co Pty Ltd (ACN 117 414 776), as the company exists from time to time (even if its name is later changed).
relevant premises means premises that are:
(a) occupied or used by an end‑user; and
(b) situated in a development area.
Specified OptiComm Network means a telecommunications network: (a) that is owned by the Licensee; and (b) which is located in a development area; and (c) which uses fibre‑to‑the‑premises architecture.
Note The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):
(1) Upon reasonable request by an end‑user at relevant premises, the Licensee must: (a) connect; or (b) arrange for another person on its behalf to connect; the relevant premises to the Specified OptiComm Network in order that a carriage service provider can provide carriage services to the end‑user at the relevant premises. (2) For the purposes of subclause (1), a request may be made directly by an end‑user to the Licensee or by a carriage service provider to the Licensee on behalf of an end‑user.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Declaration is the Carrier Licence Conditions (OptiComm Co Pty Ltd) Declaration 2013.
In this Declaration:
Act means the Telecommunications Act 1997.
development area means a real estate development specified in column 1 of the table at Schedule 1 to this Declaration that occupies the corresponding area of land depicted in the relevant map at Annexure A to Schedule 1 (refer to columns 2 and 3 of the table at Schedule 1 to this Declaration).
Licensee means OptiComm Co Pty Ltd (ACN 117 414 776), as the company exists from time to time (even if its name is later changed).
relevant premises means premises that are:
(a) occupied or used by an end‑user; and
(b) situated in a development area.
Specified OptiComm Network means a telecommunications network: (a) that is owned by the Licensee; and (b) which is located in a development area; and (c) which uses fibre‑to‑the‑premises architecture.
Note The following expressions have the meaning given by the Act (see subsection 13(1) of the Legislative Instruments Act 2003):
(1) Upon reasonable request by an end‑user at relevant premises, the Licensee must: (a) connect; or (b) arrange for another person on its behalf to connect; the relevant premises to the Specified OptiComm Network in order that a carriage service provider can provide carriage services to the end‑user at the relevant premises. (2) For the purposes of subclause (1), a request may be made directly by an end‑user to the Licensee or by a carriage service provider to the Licensee on behalf of an end‑user.